Contested Foreclosure Nonjury Trial Order
IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA CASE NO.: DIVISION: ______________ 49 _______________________________ Plaintiff, v. ___________________________________ Defendant(s). _________________________________________/ ORDER SCHEDULING NON-JURY TRIAL DATE, DOCKET CALL AND DIRECTING PRETRIAL PROCEDURES It appearing that this action is at issue as pursuant to Rule 1.440, is not currently set for trial, and the Court recognizing its duty and the duty of counsel to conclude litigation as quickly as reasonably possible and consistent with time standards mandated by Rule 2.250, it is therefore, ORDERED that: 1. The attorneys and/or pro se parties to the above-styled cause shall appear before the undersigned judge in Courtroom 402, Kim C. Hammond, Judicial Center, 1769 E. Moody Blvd., #1, Bunnell, Florida, 32110, as follows: Docket Call: ______________________________________________ Trial Term: The one week trial period commencing on _____________. (specific trial date and time will be assigned at Docket Call) Appearance of the parties for Docket Call is MANDATORY; however, telephonic appearance is permitted using CourtCall procedures. Arrangements for the telephonic appearance must be set up no less than 3 business days in advance of the docket sounding. CourtCall’s contact number is 1-888-882-6878. Failure of Plaintiff to appear will result in dismissal of the action and failure of Defendant to appear will result in striking of pleadings and entry of default. Counsel who will be trying the case shall appear at the Docket Call. 2. Pre-trial Procedures: A. At least 45 days prior to Docket Call, each party shall file with the Clerk and serve upon the opposing party a complete list of all expert witnesses who will be called to testify at trial together with their address, telephone numbers, area of expertise and subject matter of their anticipated testimony. B. At least 30 days prior to Docket Call: i. Each party shall file with the Clerk and serve upon the opposing party a complete list of all nonexpert witnesses who will be called to testify at trial together with their address and telephone numbers; ii. Each party shall file with the Clerk and serve upon opposing counsel a complete list of each exhibit to be offered at the time of trial; C. Failure to comply with the pre-trial procedures in this Order shall subject the party and/or attorney to appropriate sanctions. Evidence and witnesses not fully disclosed as required herein may be excluded from consideration by the court at trial. D. Counsel for the parties will confer concerning possible settlement prior to trial and report to the court the outlook for settlement prior to trial. E. Discovery cut-off: No discovery shall be allowed any later than 5 days prior to Docket Call. All requests for discovery must be made in sufficient time so that the discovery response is due prior to this discovery cut-off or it will be considered untimely. 3. Motions: Motions must be filed no later than twenty (20) days prior to Docket Call. Motions filed after this deadline will be deemed waived and will not be considered. Trials will not be continued because Motions were not heard prior to trial; therefore, it is incumbent on all parties to file their Motions timely and to obtain hearing time prior to trial. DONE AND ORDERED in Chambers, in Bunnell, Flagler County Florida, the _______ day of ______________________________, 201_. _______________________________________ Scott C. DuPont, Circuit Judge Copies to: Parties of Record served electronically. REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Administration, 125 E. Orange Ave., Ste. 300, Daytona Beach, FL 32114, (386) 257-6096, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 711. THESE ARE NOT COURT INFORMATION NUMBERS SOLICITUD DE ADAPTACIONES PARA PERSONAS CON DISCAPACIDADES Si usted es una persona con discapacidad que necesita una adaptación para poder participar en este procedimiento, usted tiene el derecho a que se le proporcione cierta asistencia, sin incurrir en gastos. Comuníquese con la Oficina de Administración Judicial (Court Administration), 125 E. Orange Ave., Ste. 300, Daytona Beach, FL 32114, (386) 257-6096, con no menos de 7 días de antelación de su cita de comparecencia ante el juez, o de inmediato al recibir esta notificación si la cita de comparecencia está dentro de un plazo menos de 7 días; si usted tiene una discapacidad del habla o del oído, llame al 711. ESTOS NUMEROS TELEFONICOS NO SON PARA OBTENER INFORMACION JUDICIAL IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR PUTNAM COUNTY, FLORIDA CASE NO.: DIVISION: _____________ 53 ____________________________ Plaintiff, v. ____________________________ Defendant(s). _________________________________________/ ORDER SCHEDULING NON-JURY TRIAL DATE, DOCKET CALL AND DIRECTING PRETRIAL PROCEDURES It appearing that this action is at issue as pursuant to Rule 1.440, is not currently set for trial, and the Court recognizing its duty and the duty of counsel to conclude litigation as quickly as reasonably possible and consistent with time standards mandated by Rule 2.250, it is therefore, ORDERED that: 1. The attorneys and/or pro se parties to the above-styled cause shall appear before the undersigned judge in Courtroom 217, Putnam County Courthouse, 410 St. Johns Avenue, Palatka, Florida, as follows: Docket Call: ________________________________ Trial Term: The one week trial period commencing on _____________. (specific trial date and time will be assigned at Docket Call) Appearance of the parties for Docket Call is MANDATORY; however, telephonic appearance is permitted using CourtCall procedures. Arrangements for the telephonic appearance must be set up no less than 3 business days in advance of the docket sounding. CourtCall’s contact number is 1-888-882-6878. Failure of Plaintiff to appear will result in dismissal of the action and failure of Defendant to appear will result in striking of pleadings and entry of default. Counsel who will be trying the case shall appear at the Docket Call. 2. Pre-trial Procedures: A. At least 45 days prior to Docket Call, each party shall file with the Clerk and serve upon the opposing party a complete list of all expert witnesses who will be called to testify at trial together with their address, telephone numbers, area of expertise and subject matter of their anticipated testimony. B. At least 30 days prior to Docket Call: i. Each party shall file with the Clerk and serve upon the opposing party a complete list of all nonexpert witnesses who will be called to testify at trial together with their address and telephone numbers; ii. Each party shall file with the Clerk and serve upon opposing counsel a complete list of each exhibit to be offered at the time of trial; C. Failure to comply with the pre-trial procedures in this Order shall subject the party and/or attorney to appropriate sanctions. Evidence and witnesses not fully disclosed as required herein may be excluded from consideration by the court at trial. D. Counsel for the parties will confer concerning possible settlement prior to trial and report to the court the outlook for settlement prior to trial. E. Discovery cut-off: No discovery shall be allowed any later than 5 days prior to Docket Call. All requests for discovery must be made in sufficient time so that the discovery response is due prior to this discovery cut-off or it will be considered untimely. 3. Motions: Motions must be filed no later than twenty (20) days prior to Trial. Motions filed after this deadline will be deemed waived and will not be considered. Trials will not be continued because Motions were not heard prior to trial; therefore, it is incumbent on all parties to file their Motions timely and to obtain hearing time prior to trial. DONE AND ORDERED in Chambers, in Palatka, Putnam County Florida, the _______ day of ______________________________, 201_. _______________________________________ Scott C. DuPont, Circuit Judge Copies to: Parties of Record REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Administration, 125 E. Orange Ave., Ste. 300, Daytona Beach, FL 32114, (386) 257-6096, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the appearance is less than 7 days; if you are hearing or voice impaired, call 711. THESE ARE NOT COURT INFORMATION NUMBERS SOLICITUD DE ADAPTACIONES PARA PERSONAS CON DISCAPACIDADES Si usted es una persona con discapacidad que necesita una adaptación para poder participar en este procedimiento, usted tiene el derecho a que se le proporcione cierta asistencia, sin incurrir en gastos. Comuníquese con la Oficina de Administración Judicial (Court Administration), 125 E. Orange Ave., Ste. 300, Daytona Beach, FL 32114, (386) 257-6096, con no menos de 7 días de antelación de su cita de comparecencia ante el juez, o de inmediato al recibir esta notificación si la cita de comparecencia está dentro de un plazo menos de 7 días; si usted tiene una discapacidad del habla o del oído, llame al 711. ESTOS NUMEROS TELEFONICOS NO SON PARA OBTENER INFORMACION JUDICIAL
© Copyright 2024